Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.

Saturday, April 28, 2007

Follow up to Nicholson v Red Willow County School District Nebraska Supreme Court again dismisses action residents in Southwest School District in Red Willow County filed to prevent merged district from assuming bonds the preceding school districts had issued prior to merger.Cumming v. Red Willow Sch. Dist. No. 179S-06-025, 273 Neb. 483We reject the argument that Stannard permits
a collateral attack directed at the authority of S outhwest to
issue bonds pursuant to the reorganization plan approved by the
State Committee. T he appellants are not contesting the legitimacy
of S outhwest as a school district and, thus, cannot be understood
to be challenging the S tate Committee’s approval of the
reorganization petition itself. Instead, the appellants are challenging
a provision contained within the approved petition. A nd
unlike Stannard, we cannot say that the challenged provision is,
on its face, clearly and unequivocally prohibited by state law.
Therefore, we have no basis to find that the S tate Committee’s
approval of the reorganization petition was void